Only the Judge can grant your request to proceed without paying fees.Ĭan I call, write to, or talk with the Judge outside of court? If you don't haveĮnough money to pay this (or any other) fee, ask for the "Petition for Proceeding in Civil Case Without Payment of Fees or Costs." This also is called "Form CC-1414." You must be a Virginia resident to file this form. You must pay $12.00 for the subpoena or the subpoena duces tecum. You must give the name and address of the person who has the papers, and a description of all papers you want, to the Clerk at least 15 days before the trial date. Ask for the "Subpoena Duces Tecum." This also is called "Form DC-336." You need the full name and current physical address (not a Post Office box) of the person who has the papers. This is a court order that says a person must bring the papers to court. If someone has a paper but doesn't want to bring it to court, you can ask the Clerk to subpoena the papers. You must give this information to the Clerk at least 10 days before the trial date. Ask for the "Request for Witness Subpoena." This also is called "Form DC-325." You need the full name and current physical address (not a Post Office box) for each witness. If a witness doesn't want to come to court, you can ask the Clerk to subpoena the witness.Ī subpoena is a court order that says a witness must come to court. Medical records showing any personal injuries.Photographs showing any property damage.Receipts, cancelled checks, money order receipts, and other proofs of payment.Contracts, leases, letters, and other important papers.These are some of the things you might want to bring. Bring papers and witnesses that support your case. When you go to court for trial, get prepared in advance. This can range from 15 minutes to an hour or more. The Judge usually wants the trial to take only as much time as needed to reach a fair decision. This also depends on the nature of the case, and differs from court to court and from case to case. The other box says: "To dispute this claim, you must appear on the return date for the judge to set another date for trial." If this box is checked and the other party appears at the first court hearing, the case will be tried at a later date. One box says: "To dispute this claim, you must appear on the return date to try this case." If this box is checked, the case will be tried at the first court hearing. On the Warrant in Debt, or Warrant in Detinue, one of two boxes will be checked. This differs from court to court and from case to case. If your case is complicated, or if the other side has an attorney, it will help if you have an attorney. Not need an attorney in General District Court. You can file a lawsuit by yourself without an attorney. The court will not appoint an attorney for a party in a civil (non-criminal) case in General District Court.ĭo I need an attorney to bring a lawsuit in General District Court? Will the court appoint an attorney for me? You also may ask for a later trial date and time. If a Counterclaim is filed against you and is not a detailed explanation, you may ask the Judge to order the other party to file a Bill of Particulars. It is a claim that you owe money or property to the party you have sued. If you don't file by this date, your lawsuit may be dismissed.Ī "Counterclaim" is a claim that the other party files against you. You also will have a date by which to file your Bill of Particulars. If the Judge orders you to file a Bill of Particulars, you will have a later trial date and time. It is a more complete explanation of why you should get the money or property you are asking for.
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